72
STAT.]
PUBLIC LAW 85-86 1 - S E P T. 2, 1958
- §3383. Commissioned officers: Army Reserve; promotion to
grades of first lieutenant, captain, major, lieutenant colonel, and colonel to fill vacancies in units (a) The Secretary of the Army may convene a selection board to consider and recommend officers of any unit of the Army Reserve that is organized to serve as a unit for promotion to till a vacancy in that unit in the grade of captain, major, lieutenant colonel, or colonel within the numbers authorized for that unit under sections 3217 and 3219 of this title. " (b) I n referring the names of officers for consideration for promotion under subsection ( a;, the convening officer shall place on a zone of consideration list the name of each officer who is assigned to a unit organized to serve as a unit, who is eligible for consideration for promotion under section 3303(b) or (g) of this title, and who is geographically available to till the vacancy. The convening officer shall refer the list to the selection board for consideration. Without regard to section 3363(a) and (b) of this title, he may also place on such a list for promotion to the next higher reserve grade the name of any reserve first lieutenant or second lieutenant who has served creditably for at least a year in a position that is in a unit organized to serve as a unit and is prescribed to be tilled by a captain, and who has not previously been promoted under this section. "(c) The selection board shall recommend the officer whom it considers to be the best qualified. " (d) An officer recommended for promotion under this section may be inmiediately promoted to fill the vacancy. §3384. Commissioned officers: Army Reserve; promotion to grade of brigadier general or major general to fill vacancies in units " (a) Officers of the Army Eeserve may be promoted to the reserve grades of brigadier general and major general to fill vacancies in those grades in any unit of the Army Reserve that is organized to serve as a unit and has attained the strength prescribed by the Secretary of the Army. " (b) Within one year after an officer has been assigned to the duties of a general officer of the next higher reserve grade in a unit of the Army Reserve organized to serve as a unit, he shall be evaluated by his superior officer. If the superior officer determines that the officer has shown his fitness for the position, he shall send the officer's name to the Secretary for consideration by a selection board for promotion to the next higher reserve grade. "(c) To be eligible for consideration for promotion under this section, an officer must meet the requirements of this chapter and the standards prescribed by the Secretary. " (d) The names of officers who meet the requirements of this section and section 3363(b) of this title shall be submitted to a selection board convened at least once each year by the Secretary. The selection board shall recommend the officer whom it considers to be the best qualified to fill each vacancy. "(e) An officer recommended for promotion under this section may be immediately promoted to fill the vacancy. "§3385. Commissioned officers: Army National Guard of United States; promotion upon Federal recognition "An officer of the Army National Guard of the United States to whom Federal recognition has been extended under section 309 or 310 of title 32 may, as of the date of that Federal recognition, be promoted to the next higher reserve grade.
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